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Vancouver police are taking the unusual step of warning a small group of anti-gentrification activists that their daily protests outside the controversial Pidgin restaurant may be crossing the line into an act of criminal mischief.

Wednesday's warning letter, given as the weekday protests stretch into their second month, cites the mischief section of the Criminal Code of Canada that states it is illegal to obstruct, interrupt or interfere "with any person in the lawful use, enjoyment or operation of property."

VPD spokesman Const. Brian Montague said in a news release that his department is trying to provide an "environment that allows for safe and lawful protest."

"Most of the protestors we encounter are committed to lawful protest," Montague said in the release. "This letter is another tool we are using to facilitate peaceful demonstrations and is intended to notify this small group that their actions could lead to criminal charges."

Pidgin protest organizer Wendy Pedersen said the VPD's warning is a troubling attempt sway the public's sympathy against the protesters and divert its attention away from the problems surrounding the "lightspeed" gentrification of the Downtown Eastside.

"The only thing leading to mischief is physical obstruction of property and we haven't been doing that at Pidgin," Pedersen told The Sun. "So we don't think VPD has a leg to stand on."

She added that Doug King, staff lawyer with Pivot Legal Society, has told the protesters that their action is lawful and backed up by legal precedents set by labour union pickets.

Meanwhile, another of the protest's leaders Homeless Dave says he is on the 27th day of his hunger strike demanding 100 per cent social housing at the controversial Sequel 138 condo development slated for the former site of the Pantages Theatre. He is also demanding the same for the former VPD headquarters, which is now slated to become a subsidized working space for high-tech companies and operated by the Vancouver Economic Commission.

Slogans like "make Vancouver inclusive, not exclusive" and "Oh please won't you be my neighbour" adorned the wall of the "cop shop."

Sunday's event came after an anti-gentrification protester was hit by pepper spray while picketing the Pidgin restaurant last Thursday evening.

The unnamed protester was hit by the mace around 6 p.m., according to VPD spokesman Const. Brian Montague.

"The victim refused to provide his name or tell police what happened," Montague said in an email. "The victim also refused to have police call for an ambulance to be treated for the exposure.

"Other protesters who are believed to have witnessed the incident said they would drive the victim to hospital."

The man's assailant whereabouts or identity is unknown.

Pidgin has been the target of community activists since opening its doors on Feb. 1 at 350 Abbott Street. Demonstrators have been picketing outside the restaurant to draw attention to what they say is gentrification and encroachment on the only remaining Vancouver community where low-income people feel accepted.

Jean Swanson of the poverty-advocacy group Carnegie Community Action Project said the business, and others like it, have no place in a neighbourhood where hundreds of residents are struggling, and in many cases failing, to keep a roof over their heads.

Rather, businesses like Sunrise Market, known as the cheapest grocery store in the city, are what the community needs, she said.

"Community members can get things that they need and afford, and they are treated with respect and not trailed by security guards, which happens a lot," she said.

Efforts by some business owners, including those at Pidgin, to integrate into the community by shopping locally and contributing to food and social programs may be well-intentioned, but aren't the solution, said Swanson.

"People here don't want charity," she said.

"If I were (the business owners), I would get it together and hold a news conference and call on (B.C. Housing Minister) Rich Coleman and (Prime Minister) Stephen Harper to build 5,000 units of self-contained social housing. I would ask they raise welfare rates. I would stop trying to make it seem that the situation in the Downtown Eastside can be solved by charity, and get on-board and start working for actual policy changes," she said.

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Vancouver police warn Downtown Eastside anti-gentrification protesters that their picket of Pidgin may be criminal

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